RE: sound recording/work made for hire

From: Rod Dixon, J.D., LL.M. <rod[_at_]cyberspaces.org>
Date: Sat, 14 Oct 2000 07:46:47 -0400


>From what I have read this amendment is intended to undo a "mistake" that
was made by a congressional staffer who inserted the words "as a sound recording" at the urging of someone at the RIAA. The change apparently went unnoticed until IPCORA was passed and a recording industry publication picked up on the significance of the change. It seems that the RIAA (and, perhaps, some others) may have quietly attempted to end reversion rights of artists by essentially ended the artists' copyright ownership status (in the sound recording) by redefining the work as a work-made-for-hire.

Rod Dixon
Visiting Assistant Professor of Law
Rutgers University Law School - Camden
www.cyberspaces.org
rod[_at_]cyberspaces.org

> -----Original Message-----
> From: owner-cni-copyright[_at_]cni.org [mailto:owner-cni-copyright[_at_]cni.org]On
> Behalf Of John Noble
> Sent: Friday, October 13, 2000 3:13 PM
> To: Multiple recipients of list
> Subject: sound recording/work made for hire
>
>
> The following is from a Copyright Office bulletin. Can anybody
> explain what
> the amendment was supposed to do, and who or what is behind the repeal.
>
>
> WORK MADE FOR HIRE AND COPYRIGHT CORRECTIONS ACT OF 2000 (Senate -
> October 12, 2000) (H.R. 5107)
> On October 12 the Senate passed H.R. 5107, legislation to amend
> the statutory definition of a "work made for hire," repealing the
> amendment to that definition that was made by the Intellectual
> Property and Communications Omnibus Reform Act of 1999 (IPCORA).
> IPCORA had inserted the words "as a sound recording" into the second
> paragraph of the definition of "work made for hire" found in section
> 101 of the Copyright Act.
> The new amendment makes clear that neither the enactment of the
> work made for hire amendment in IPCORA nor the new amendment's
> deletion of the language added by IPCORA is to be considered in any
> way or otherwise given any effect by a court or the Copyright Office
> when interpreting paragraph (2) of the work-made-for-hire definition.
> The purpose of the legislation is to restore status quo as it
> existed prior to Nov. 29, 1999 (the date IPCORA was enacted), without
> expressing or implying any view as to the proper interpretation of the
> work-made-for-hire definition. H.R. 5107 also makes noncontroversial
> corrections to the Copyright Act, removing expired sections and
> clarifying miscellaneous provisions governing fees and record keeping
> procedures.
> This legislation is now before the President for his signature.
>
> John Noble
>
>
>
Received on Sat Oct 14 2000 - 11:50:40 GMT

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